All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant A (misunderstanding of facts, misunderstanding of legal principles, and Sentencing in sentencing) 1 (hereinafter “victim”) did not manage each file again in the attached list of crimes (1) as a business secret, and the Defendant did not recognize that the above file was a business secret, and was not taken out to divulge it to Defendant D (hereinafter “Defendant Company”).

Defendant 1 acquired the pecuniary advantage equivalent to the property value of the above files and did not incur a substantial loss to the damaged company.

2) The sentence sentenced by the first instance court (two years of suspended sentence for one year of imprisonment) is too unreasonable.

B. Defendant B (misunderstanding of facts, misunderstanding of legal principles, misunderstanding of sentencing, and Sentencing) The files listed in attached Table Nos. 1, 2, and 3 are not classified as the trade secrets of the victimized company.

On December 2, 2009, the Defendant acquired educational data on the public server of the research institute. However, the Defendant did not have any intention in breach of occupational trust, and the Defendant acquired economic benefits equivalent to the property value of the said files and did not inflict any damage equivalent to the same amount on the damaged company.

2) The fact that the Defendant was in violation of the Unfair Competition Prevention and Trade Secret Protection Act was sent to C by e-mail each file listed in (2) Nos. 1 and 2 of the annexed crime list to C. However, each of the above files cannot be applied to the Defendant Company’s hot water source, and there was no intent that the Defendant would utilize it to develop a hot water source to China.

In addition, it is true that the defendant received each file from S, 4 to 7, listed in the Schedule of Crimes Nos. 2, 4, and 7, and delivered it to A and C, but each of the files is not a trade secret of the victimized company.

The defendant did not recognize that the above files are trade secrets.

3) The sentence sentenced to the first instance court’s unfair sentencing (two years of suspended sentence in one and half years of imprisonment).